Child support is a financial obligation of the obligor parent. Generally, this is the non-custodial parent. Calculating child support in Texas is done using the non-custodial parent’s net resources only—a new spouse’s income is not used to make this calculation. In fact, the Texas Family Code specifically prohibits using any portion of a spouse’s net resources to calculate child support. This also includes omitting the spouse’s capital gains, interest income, or dividends, which may in fact be community property. For example, if your spouse has rental property, the rents paid are not used to calculate the obligor’s net resources.
The key is the obligor’s net resources. Net resources include wages and salaries, dividends, capital gains, self-employment income, retirement benefits, trust income, unemployment benefits, gifts and prizes, alimony, interest income, net rental income, royalties, and any other income actually received. For calculating child support in Texas, you must figure the gross resources then subtract taxes (federal income taxes and social security), union dues (if applicable), and the cost of health care* for the child. The total resources minus taxes and insurance equals your net resources, which is used to figure the child support obligation.
*The Family Code presumes that the obligor parent will provide medical support for the child in addition to the child support obligation.
That’s a bit one sided is it not? What a scam. It takes two to tango. Why is the woman;s resources not taken into consideration? Why is she the one to receive and not share in contributing to the obligation? These violations of the guidleines set out by the Fed’s is being ignoredIt’s suppose to be based on one’s ability to pay and the need of the custodial parent. Now that the courts are moving towards equal time sharing, they must be upset at the fees and costs associated with collection of erroneously sdetermined amounts. In Polk County, Florida the Clerk’s office is under fire and in fact, the Legislature is considering a Bill to have the Clerk’s job eliminated and allow Judges to make the decisions to allow indigent defendants the right to defend themselves or force them to surrender a constitutionally protected right by having them join the self-help program. On the other end, you have the Administrative Judges making that decision for you when you fill out the form to be declared indigent but pay a fee to be regulated by the Administrative Courts Policies & Procedures, all to obtain jurisdiciton over the cause to further prosecute your dumb- *ss. Decisions based on bias and prejudice anyone who thinks otherwise is a dumd- *ss
Rockstar said it…
What the Department of Revenue isn’t telling you is that they lose jurisdiction to prosecute your *ss once a child reaches emancipation and becomes sui juris, able to take control over his/her own cause of action. That means the children aren’t being notified of a changer in status by operatio of law. See: Robert S. Thurlow, P.A. v. Lafata, 915 So. 2d 737 (Fla. 5th DCA 2005); Dept. of Health & Human Services Child Support Enforcement v. Holland, 602 So. 2d 652 (fla 5th DCA 1992) citing Thompson v. Korupp, 440 So. 2d 68 (FLa. 1st DCA 1979) ; Isaacs v. Deutsch, 80 So. 2d 657 (Fla. 1955). This young adults right is being stolen away from you by those within the Department or State Attorney, Attorney Genaral who’s claimed they prosecuted your parents on your behalf in the first place. You need to wake up and exercise your constitutional right to decide whether to tkae up this issue and further the prosecution or let your parents off the hook. Any State Judge County Official of government who takes away this right aught to be prosecuted in Federal Court by Indictment or under a Criminal Complaint. Don’t let them take away your constitutional rights to further their evil deeds? Do something ad Do It Fast…
Rockstar said it…
I DID NOT WANT A DIVORCE!!! STILL LOVE HER WITH ALL MY HEART. HOWEVER, I NOW AM ON VA DISABILITY OF 60% FOR A TOTAL INCOME OF $1223.00 THE AG SAYS I SHOULD BE BACK AT WORK IN 6 WEEKS AND I HAVE A LETTER FROM MY SURGEON THAT SAYS A YEAR IF AT ALL I CAN GO BACK TO WORK. HOW DOES DISABILITY FIGURE INTO COMPUTING C/S. I HOPE SOMEONE CAN GIVE ME A STRAIGHT ANSWER.